Page 894 - Trump Executive Orders 2017-2021

33824 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Presidential Documents

total population.’’ Some States, such as Texas, have argued that ‘‘jurisdictions
may, consistent with the Equal Protection Clause, design districts using
any population baseline—including total population and voter-eligible popu-
lation—so long as the choice is rational and not invidiously discriminatory’’.
Some courts, based on Supreme Court precedent, have agreed that State
districting plans may exclude individuals who are ineligible to vote. Whether
that approach is permissible will be resolved when a State actually proposes
a districting plan based on the voter-eligible population. But because eligi-
bility to vote depends in part on citizenship, States could more effectively
exercise this option with a more accurate and complete count of the citizen
population.

The Department has said that if the officers or public bodies having initial
responsibility for the legislative districting in each State indicate a need
for tabulations of citizenship data, the Census Bureau will make a design
change to make such information available. I understand that some State
officials are interested in such data for districting purposes. This order
will assist the Department in securing the most accurate and complete
citizenship data so that it can respond to such requests from the States.
To be clear, generating accurate data concerning the total number of citizens,
non-citizens, and illegal aliens in the country has nothing to do with enforc-
ing immigration laws against particular individuals. It is important, instead,
for making broad policy determinations. Information obtained by the Depart-
ment in connection with the census through requests for administrative
records under 13 U.S.C. 6 shall be used solely to produce statistics and
is subject to confidentiality protections under Title 13 of the United States
Code. Information subject to confidentiality protections under Title 13 may
not, and shall not, be used to bring immigration enforcement actions against
particular individuals. Under my Administration, the data confidentiality
protections in Title 13 shall be fully respected.
Sec. 2. Policy. It is the policy of the United States to develop complete
and accurate data on the number of citizens, non-citizens, and illegal aliens
in the country. Such data is necessary to understand the effects of immigra-
tion on the country, and to inform policymakers in setting and evaluating
immigration policies and laws, including evaluating proposals to address
the current crisis in illegal immigration.
Sec. 3. Assistance to the Department of Commerce and Maximizing Citizen-
ship Data. (a) All agencies shall promptly provide the Department the max-
imum assistance permissible, consistent with law, in determining the number
of citizens, non-citizens, and illegal aliens in the country, including by
providing any access that the Department may request to administrative
records that may be useful in accomplishing that objective. In particular,
the following agencies shall examine relevant legal authorities and, to the
maximum extent consistent with law, provide access to the following records:
(i) Department of Homeland Security, United States Citizenship and Immi-
gration Services—National-level file of Lawful Permanent Residents, Natu-
ralizations;
(ii) Department of Homeland Security, Immigration and Customs Enforce-
ment—F1 & M1 Nonimmigrant Visas;

(iii) Department of Homeland Security—National-level file of Customs and
Border Arrival/Departure transaction data;
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(iv) Department of Homeland Security and Department of State, Worldwide
Refugee and Asylum Processing System—Refugee and Asylum visas;
(v) Department of State—National-level passport application data;
(vi) Social Security Administration—Master Beneficiary Records; and
(vii) Department of Health and Human Services—CMS Medicaid and CHIP
Information System.